May Town probably needs to go back through planning process, Metro official says

A new plan for the May Town Center development probably needs to go through the entire Metro planning process rather than simply getting a rehearing, Metro Planning Director Rick Bernhardt told developer Tony Giarratana in a letter today.

Bernhardt wrote that the planning commission decided Thursday to put Giarratana’s rehearing request on its Oct. 8 agenda, two weeks earlier than originally planned and five weeks earlier than Giarratana wanted.

“If there is a motion (for a rehearing), there may be discussion by the MPC and then a vote of all of the members whether to rehear the case and schedule a new public hearing at a later date,” Bernhardt wrote. “However, please be advised that in last night’s discussion there appeared to be a clear consensus of the Planning Commissioners that a new site plan does not constitute new information and should be filed as a new set of applications.”

All those uses of the word “new” may be a little confusing, but the point is that a rezoning proponent has to prove that new information has come to light to justify a rehearing of a decided case. The planning commission rejected the May Town Center plan in June after a long public hearing that many people felt was comprehensive. So Bernhardt is saying that a new site plan would require a new rezoning application.

Commissioners who rejected the plan three months ago would have to offer the motion and second for a rehearing on Oct. 8.